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                           Before the
                Federal Communications Commission
                     Washington, D.C. 20554

In the Matter of                )
                                )
US Cable of Coastal-Texas, L.P. )    File No. EB-02-TS-561
                                )
Operator of Cable Systems in the States of:  )
                                )
Colorado, Minnesota,  Missouri, New Mexico,  ) 
South Carolina and Texas        )
                                )
Request for Waivers of Section 11.11(a) of the    )    
Commission's Rules              )    
                                        
                              ORDER 

Adopted:  July 1, 2003                  Released:  July 11, 2003

By the Chief, Technical  and Public Safety Division,  Enforcement 
Bureau:

1.        In this Order, we grant US Cable of Coastal-Texas, L.P. 
  (``US Cable'') temporary, 36-month waivers of Section  11.11(a) 
  of the Commission's  Rules (``Rules'') for 37 cable  television 
  systems in  the six above-captioned  states.  Section  11.11(a) 
  requires  cable systems  serving fewer  than 5,000  subscribers 
  from  a headend  to  either provide  national  level  Emergency 
  Alert System (``EAS'')  messages on all programmed channels  or 
  install EAS equipment  and provide a video interrupt and  audio 
  alert  on all  programmed  channels  and EAS  audio  and  video 
  messages  on at  least one  programmed  channel by  October  1, 
  2002.1

2.        The Cable Act of 1992  added new Section 624(g) to  the 
  Communications  Act  of 1934  (``Act''),  which  requires  that 
  cable  systems be  capable of  providing  EAS alerts  to  their 
  subscribers.2  In 1994, the Commission adopted rules  requiring 
  cable systems to participate in EAS.3  In 1997, the  Commission 
  amended the  EAS rules  to provide financial  relief for  small 
  cable systems.4  The Commission declined to exempt small  cable 
  systems  from the  EAS requirements,  concluding that  such  an 
  exemption would be  inconsistent with the statutory mandate  of 
  Section  624(g).5    However,  the   Commission  extended   the 
  deadline   for  cable   systems  serving   fewer  than   10,000 
  subscribers to  begin complying with the  EAS rules to  October 
  1, 2002,  and provided cable systems  serving fewer than  5,000 
  subscribers the option  of either providing national level  EAS 
  messages  on   all  programmed  channels   or  installing   EAS 
  equipment and  providing a video interrupt  and audio alert  on 
  all programmed channels and EAS audio and video messages on  at 
  least  one programmed  channel.6  In  addition, the  Commission 
  stated that  it would grant waivers of  the EAS rules to  small 
  cable  systems  on  a case-by-case  basis  upon  a  showing  of 
  financial  hardship.7   The Commission  indicated  that  waiver 
  requests must contain at least the following information:   (1) 
  justification for the waiver, with reference to the  particular 
  rule sections  for which  a waiver is  sought; (2)  information 
  about the financial status of the requesting entity, such as  a 
  balance sheet and  income statement for the two previous  years 
  (audited, if possible);  (3) the number of other entities  that 
  serve the  requesting entity's coverage area  and that have  or 
  are expected to  install EAS equipment; and (4) the  likelihood 
  (such  as proximity  or frequency)  of hazardous  risks to  the 
  requesting entity's audience.8

3.        On September 25,  2002, US  Cable filed  a request  for 
  temporary, 36-month waivers  of Section 11.11(a) for 37  small, 
  rural cable systems  in six captioned states.  US Cable  states 
  that these cable systems serve between 25 and 689  subscribers.  
  Based   on  price   quotes  provided   by  an   EAS   equipment 
  manufacturer,   US  Cable   estimates   that  it   would   cost 
  approximately $9,206  per headend  for a total  of $340,622  to 
  install  EAS  equipment  at  these  cable  systems.   US  Cable 
  asserts  that this  cost will  impose a  substantial  financial 
  hardship  on  it and  provides  its  financial  statements  for 
  2001and 2002  in support  of this assertion.   In addition,  US 
  Cable submits that its subscribers will continue to have  ready 
  access  to  national   EAS  information  from  other   sources, 
  including its  cable systems.  In this  regard, US Cable  notes 
  that  its subscribers  currently have  access to  national  EAS 
  messages on  more than one-fourth  of all programmed  channels.  
  US Cable also asserts that its subscribers will have access  to 
  EAS  information through  over-the-air reception  of  broadcast 
  television and radio stations.

4.        Based upon our review of  the financial data and  other 
  information submitted by  US Cable we conclude that  temporary, 
  36-month waivers of  Section 11.11(a) for the 37 cable  systems 
  in the six captioned states are warranted.9  In particular,  we 
  find  that the  estimated $340,622  cost of  EAS equipment  for 
  these small cable systems could impose a financial hardship  on 
  US Cable. 

5.        We note that  the Commission recently  amended the  EAS 
  rules  to  permit  cable  systems  serving  fewer  than   5,000 
  subscribers  to   install  FCC-certified  decoder-only   units, 
  rather  than both  encoders  and  decoders, if  such  a  device 
  becomes  available.10    Based  on   comments  from   equipment 
  manufacturers, we  anticipate that such  a decoder-only  system 
  could  result  in  significant  cost  savings  to  small  cable 
  systems.11  

6.        Accordingly, IT IS ORDERED  that, pursuant to  Sections 
  0.111, 0.204(b) and 0.311 of the Rules,12 US Cable of  Coastal-
  Texas, L.P.  IS GRANTED  a waiver  of Section  11.11(a) of  the 
  Rules  until  October  1, 2005  for  the  37  cable  television 
  systems listed in Attachment A. 

7.         IT IS FURTHER ORDERED that US Cable of  Coastal-Texas, 
  L.P. place a copy of this waiver in its system files.

8.        IT IS FURTHER ORDERED that  a copy of this Order  shall 
  be sent by  Certified Mail Return Receipt Requested to  counsel 
  for US  Cable of Coastal-Texas,  L.P., J. Christopher  Redding, 
  Esq.,  Dow,  Lohnes  &  Albertson,  PLLC,  1200  New  Hampshire 
  Avenue, N.W., Suite 800, Washington, D.C. 20036.

                         FEDERAL COMMUNICATIONS COMMISSION
                         


                         Joseph P. Casey
                         Chief, Technical and Public Safety 
Division
                         Enforcement Bureau
                                             Attachment A


US Cable of Coastal-Texas, L.P.

Cable Systems                           Temporary Waiver Granted 
Until:    

Colorado
Bailey, Colorado                        October 1, 2005
Cripple Creek, Colorado                 October 1, 2005
Greystone, Colorado                     October 1, 2005
Hudson, Colorado                        October 1, 2005
Keenesburg, Colorado                         October 1, 2005
Kersey, Colorado                        October 1, 2005
Loveland, Colorado                      October 1, 2005
Platteville, Colorado                        October 1, 2005
               
Minnesota                
Brewster, Minnesota                     October 1, 2005
Ceylon, Minnesota                       October 1, 2005
Dunnel, Minnesota                       October 1, 2005
Geneva, Minnesota                       October 1, 2005
Granada, Minnesota                      October 1, 2005
Hendricks, Minnesota                         October 1, 2005
Heron Lake, Minnesota                        October 1, 2005
Mazeppa, Minnesota                      October 1, 2005
Northrop, Minnesota                     October 1, 2005
Round Lake, Minnesota                        October 1, 2005
Storden, Minnesota                      October 1, 2005
Taylors Falls, Minnesota                October 1, 2005
Wanamingo, Minnesota                         October 1, 2005


Missouri
Edina, Missouri                              October 1, 2005
Jonesburg, Missouri                     October 1, 2005
Madison, Missouri                       October 1, 2005
Paris, Missouri                              October 1, 2005
Perry, Missouri                              October 1, 2005


New Mexico
Chama, New Mexico                       October 1, 2005
Dexter-Hagerman, New Mexico                  October 1, 2005
Dixon, New Mexico                       October 1, 2005
Penasco, New Mexico                     October 1, 2005
Tierra Amarilla, New Mexico                  October 1, 2005




Cable Systems                           Temporary Waiver Granted 
Until:

South Carolina
Yemassee, South Carolina                October 1, 2005

Texas
Comstock, Texas                         October 1, 2005
Iraan, Texas                            October 1, 2005
Lajitas, Texas                          October 1, 2005
Rankin, Texas                           October 1, 2005
Sanderson, Texas                        October 1, 2005




























_________________________

  1 47 C.F.R.  11.11(a).

  2 Cable Television  Consumer Protection and Competition Act  of 
1992, Pub. L. No. 102-385,  16(b), 106 Stat. 1460, 1490  (1992).  
Section 624(g) provides that  ``each cable operator shall  comply 
with such standards as the  Commission shall prescribe to  ensure 
that viewers of video programming  on cable systems are  afforded 
the same emergency  information as is  afforded by the  emergency 
broadcasting system pursuant to Commission regulations ....''  47 
U.S.C.  544(g).  

  3 Amendment  of Part 73, Subpart  G, of the Commission's  Rules 
Regarding the Emergency  Broadcast System, Report  and Order  and 
Further Notice of Proposed Rule Making, FO Docket Nos. 91-171/91-
301, 10  FCC  Rcd  1786  (1994)  (``First  Report  and  Order''), 
reconsideration granted in part, denied in part, 10 FCC Rcd 11494 
(1995).

  4 Amendment  of Part 73, Subpart  G, of the Commission's  Rules 
Regarding the  Emergency  Broadcast  System,  Second  Report  and 
Order, FO  Docket Nos.  91-171/91-301, 12  FCC Rcd  15503  (1997) 
(``Second Report and Order'').

  5 Id. at 15512-13.

  6 Id. at 15516-15518.

  7 Id. at 15513.

  8 Id. at 15513, n. 59.

  9 The waivers will  extend from October 1, 2002, until  October 
1, 2005.   We  clarify that  the  waivers we  are  granting  also 
encompass the EAS testing and monitoring requirements.  

  10 Amendment  of Part  11 of the  Commission's Rules  Regarding 
the Emergency Alert System,  EB Docket 01-66, FCC  02-64 at   71 
(released February 26, 2002).

  11 One manufacturer  estimated that an EAS decoder-only  system 
can reduce the cost by 64% over what a cable operator would spend 
for an encoder/decoder unit.  Id. at  70.

  12 47 C.F.R.  0.111, 0.204(b) and 0.311.